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BMW 3-Series (E90 E92) Forum > E90 / E92 / E93 3-series Technical Forums > ConnectedDrive / I-Drive / Navigation Related Discussion > One reason to get the factory navigation system vs aftermarket



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      09-10-2007, 10:50 AM   #1
Zeroday
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One reason to get the factory navigation system vs aftermarket

A coworker just forwarded me this and I thought it was post worthy. I have no way to verify this is true but the person that sent it to me has quite a few friends and family members in law enforcement. Seeing as I just bought an aftermarket Nav (Nuvi) I'm somewhat concerned about its ability to implicate me for speeding etc since there is no court order needed to access the data contained within it. The same cannot be said for factory installed Nav systems. A court order is still required to access data contained on them.

Co worker's comments:

Quote:
A thought-provoking "reminder" to LEOs... I have removed the names to "protect the innocent", but the email below is from a "Deputy Attorney General" to an LE mailing list for 'Forensic Investigations".....

Funny, I wonder if --- as [Car] Dealership-salespeople are explaining your new and cool "On Star" system with you --- Do you think they happen to mention 'the little disclaimer' that, "...oh by the way, other folks (LEOs, Insurance Companies, etc.) may also get access to your On Star records; Should they need to track you down, see how fast you drive and places you like to travel the most..."

BUT, OF COURSE only if they have the statute-required 'Court Order', .... ; - \

and besides, we have nothing to worry about <Yaaawwnnn>... "We're Law Abiding Citizens", right?
Forwarded email:

Quote:

----- Forwarded by REMOVED on 09/10/2007 09:39 AM -----

To<Undislosed Recipients>
cc
Subject: Court order needed for search of vehicle GPS devices installed by manufacturer

With forensic software manufactures releasing a variety of tools to
tackle GPS devices, it is a good time to remind law enforcement that
Vehicle Code section 9951 requires a "court order" prior to an
officer accessing data stored in a "event data recorders (EDR)" or
"sensing and diagnostic modules (SDM)."

The statute covers any device that that is installed by the
manufacturer of the vehicle and does one or more of the following, for
the purpose of retrieving data after an accident:

(1) Records how fast and in which direction the motor vehicle is
traveling.
(2) Records a history of where the motor vehicle travels.
(3) Records steering performance.
(4) Records brake performance, including, but not limited to,
whether brakes were applied before an accident.
(5) Records the driver's seatbelt status.
(6) Has the ability to transmit information concerning an accident
in which the motor vehicle has been involved to a central communications
system when an accident occurs.

Although the legislature appeared to be only concerned about law
enforcement accessing the data for accident reconstruction purposes,
because of the way the statute is written, the requirement for a court
order would be required for any law enforcement inquiry (i.e. homicide
investigation requiring examination of GPS way points.)

Bottom line, although you may have the authority to search a vehicle
without a court order due to some exception of the warrant requirement,
Vehicle Code section 9951 still mandates a court order if you are going
to search a manufacturer installed EDR or SDM. I would also include a
manufacturer installed GPS device to the court order requirement since
the GPS device will "[r]ecords a history of where the motor vehicle
travels."

Aftermarket installations of GPS devices are still fair game. Assuming
you have an exception to the warrant requirement, no court order is
needed.
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      09-10-2007, 11:02 AM   #2
bigslickak
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V.C. Section 9951 is in the California Vehicle Code and it only applies to manufacturer installed systems. Court Order still required.

http://www.dmv.ca.gov/pubs/vctop/d03_6/vc9951.htm
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      09-10-2007, 11:09 AM   #3
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Or a reason to not use nav at all. Seems like the black box could be used either way though.
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      09-10-2007, 11:11 AM   #4
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Here on the East Coast, EZPass has been used to prove speeding and infidelity by cheating spouces.
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      09-10-2007, 11:14 AM   #5
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Most, if not all, of the items listed, are NOT stored (or even sensed) in either onboard or aftermarket GPS Navigation devices. They MIGHT be stored by the vehicle systems that are present with or without a Navigation system. (The Onstar might be an exception, but I doubt it.)

Some GPS devices will store a log of track points of where you've been but that is done optionally and is not normal in automotive navigation systems. In any case, the track log would be of very limited value for Vehicle Code enforcement.
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      09-10-2007, 11:14 AM   #6
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Here on the East Coast, EZPass has been used to prove speeding and infidelity by cheating spouces.
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      09-10-2007, 11:15 AM   #7
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Quote:
Originally Posted by jmonier View Post
Most, if not all, of the items listed, are NOT stored (or even sensed) in either onboard or aftermarket GPS Navigation devices. They MIGHT be stored by the vehicle systems that are present with or without a Navigation system. (The Onstar might be an exception, but I doubt it.)

Some GPS devices will store a log of track points of where you've been but that is done optionally and is not normal in automotive navigation systems. In any case, the track log would be of very limited value for Vehicle Code enforcement.
So saying my average speed read 100mph for a 2 hour trip on my aftermarket nav and the cop grabs it and sees that..you don't see a problem there?
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      09-10-2007, 11:18 AM   #8
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I guess if I get pulled over I can just shut it off...I assume..
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